Legal Opinion

Municipal Art Society v. City of New York

New York Supreme Court

Decided December 7, 1987PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward H. Lehner, J.

The threshold issue on the pending motions in the above-*833entitled proceedings (which are herewith consolidated for disposition) is whether the contract for the sale of the Coliseum site was illegal by reason of the inclusion of a provision for a $57 million reduction in the purchase price in the event the developer is denied a bonus permitting an increase in the allowable floor area for the project. The court finds such provision illegal, and declares the resolutions approving the transaction to be null and void.

FACTS

These proceedings involve the site of…

2Cases cited3 opinions

  1. Berenson v. Town of New CastleNew York Court of Appeals · 1975
  2. Lavere v. Board of Zoning AppealsNew York Court of Appeals · 1973
  3. Lavere v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by5 opinions

  1. Jo & Wo Realty Corp. v. City of New YorkNew York Supreme Court · 1988
  2. Coalition Against Columbus Center v. City of New YorkDistrict Court, S.D. New York · 1991
  3. Matter of Residents for Reasonable Dev. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Committee for Environmentally Sound Development, Inc. v. City of New YorkNew York Supreme Court · 2001
  5. Jo & Wo Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990

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